As the #MeTooIndia movement gathers steam and the list of men accused of sexual harassment keeps growing, the responses to the allegations – from incredulity and cynicism to confusion – point to the grey areas that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 deals with. How do we begin to understand sexual harassment at workplace? There are some clear pointers.

A maths teacher, who was convicted for sexually harassing students at an Andheri school has returned to take classes there. The school authorities say that they are waiting for the state education department’s instructions — whether the teacher, who is out on bail, should be sacked immediately or no.

For one, it encroaches on somebody’s personal space. Second, it needs to be understood from the perspective of the woman complainant. Third, it is an unwelcome act or behaviour for the woman and by this very definition, it becomes subjective.

To say ‘she shouldn’t have taken it so seriously’ or ‘that’s not how he meant it’ is to invalidate the subjectivity of her experience. While some acts or behaviours – physical touch, verbal remarks, sexually coloured comments, asking for sexual favours, lewd gestures, showing porn – can be easily classified as sexual harassment, some cases might not be so black and white. Following are certain recurring themes in cases that are ambiguous:

Consensual relationships gone sour

In our popular imagination, where stalking, possessiveness, obsessive behaviour and aggressiveness are coded as love and romance, the idea of ‘consent’ in relationships becomes hard to grapple with.

The fact that consent once given can be withdrawn or may be given for a specific act or time is still radical for many. The sexual harassment at workplace law makes us ask some crucial questions, even in the case of consensual relationships.

What was the consent given for? And for how long? Unless it’s an explicit yes, consent cannot be taken for granted. Most sexual harassment cases happen because consent is assumed. Hesitation, coyness, reluctance, non-verbal signs of interest cannot be construed as consent – it has to be an explicit ‘yes’. The law necessitates the learning of a new language of love and relationships for both men (respect a ‘no’) and women (be assertive when it’s a ‘no’). Any act that was not consented for or was done after the withdrawal of consent can qualify as sexual harassment.

Harassment or sexual harassment

A woman in a position of authority facing insubordination from her team, for instance, may take harassment to be sexual harassment, but in such situations Internal Committees often look for nuances and recommend other forms of redressal.

Men facing sexual harassment

What do men do if they are sexually harassed? While only women can approach the Internal Committee in workplaces under this law (only if it’s a case of sexual harassment, not general misconduct), safe work spaces have other grievance mechanisms – like the admin or HR – that men can approach, too. Organisations must have policies to make every man and woman feel safe and respected.

False or frivolous cases

If at all there’s a false or frivolous case, it has to be proved to be so. Lack of evidence doesn’t make it a false case. If it is proved that there has been a false case, a person can go to the Internal Committee and seek redressal. There are recommendations under this law against a person who files false or frivolous cases or gives false evidence, and action will be taken against her.

It will serve us well to remember two things, after all. The norms of our patriarchal social structure seep into our workplaces and make them discriminatory against women, in varying degrees. While there are cases of misuse and men facing harassment, incidences of women facing sexual harassment far outnumber them. In this situation, this law takes affirmative action. Having said that, well-trained committees study evidence on a case-to-case basis and are sensitive to the context. Though the law is gender-specific, it’s not anti-men. It’s pro-safer, healthier workplaces.

Rama Sarode is a Pune-based advocate and a trainer on sexual harassment law. She works as a member of the Local Committee for Pune District and also as an external member with various workplaces.

Renu Deshpande Dhole, the co-author of the series, is an independent journalist with a Masters in gender studies from Pune University.

Third part, tomorrow: various forums for redressal in sexual harassment cases

After Member of Rajya Sabha MJ Akbar was accused of sexual harassment, the high-level sources in the BJP and the RSS say that the minister will be asked to step down soon after he is back in India. He is currently on an official tour to Nigeria.